Health Care Law

This lesson is an introduction to health law with a concentration on health care law and is intended for use by upper level students interested in researching health law and policy. However, this lesson may be utilized by any researcher interested in brushing up on their legal research skills. The goal of this lesson is to (1) provide an understanding of the regulatory scheme of health care institutions at both the state and federal level; and (2) give a critical overview of the features of analytical materials (secondary sources) that you may utilize for more in-depth understanding.

A survey of laws governing healthcare insurance, providers, patient care, privacy, discrimination, and public health.

This book provides a concise analysis of areas in which the law has addressed issues in bioethics. Topics include assisted reproductive techniques and family-making, limitations on reproduction (including abortion, contraception and sterilization), the role of ethical and religious beliefs of health care professionals, the definition of death, end-of-life decision-making (including physician assisted death), genetics, research involving human subjects (including issues related to conflicts of interest), stem cell research, organ transplantation, and other emerging topics. The book provides an excellent introduction to the process of ethics decision-making as well as useful support for students.

Public policy responses to escalating medical costs and constrained access pose fundamental challenges to health care law. Profound medical advances also generate many ethical dilemmas. This authoritative discussion considers how law and ethics respond to these driving social, economic, and political forces of innovation, crisis and reform. Topics include health insurance reform, health care finance and delivery structures, treatment relationships, facility and insurance regulation, corporate and tax law, refusal of life support, organ donation, and reproductive technologies.

Expert authors present an up-to-date overview of health law as it affects the professionals, institutions, and entities that deliver and finance health care in the United States. Considers the law's response to quality and error through institutional and professional regulation, and malpractice litigation against professionals, hospitals, and managed care organizations. Surveys tax, corporate, and organizational issues. Explores the government's efforts to control costs and expand access through Medicare and Medicaid. Examines government attempts to police anticompetitive activities, fraud, and abuse. And considers the legal and ethical issues involving death, human reproduction, medical treatment decision making, and medical research. The Affordable Care Act, HIPAA, HITECH, and other new statutory and regulatory changes of the past few years are thoroughly incorporated in all aspects of the legal discussion.

Public Health Law in a Nutshell, 3rd Edition (2018) provides a fascinating and informative assessment of the critical role of law in American society to protect the community’s health. Understanding the field of public health law encompasses its constitutional sources and limits as well as historic and modern attempts to regulate in the interests of public health and safety. This Nutshell explains and addresses these issues within a modern framework supporting the role of law toward improved health outcomes. Updated to reflect key developments through mid-2017, the Nutshell’s 11 chapters and 130+ graphics, illustrations, and figures lay out definitive legal issues underlying core public health powers to prevent and control communicable and chronic conditions, as well as injuries and related deaths. It also explores legal routes to counter other public health threats, including tobacco and alcohol use, guns, vehicles, and defective products. Additional chapters center on difficult trade-offs related to public health information surveillance and privacy, commercial speech regulation, zoning and the built environment, and emergency legal preparedness. This Nutshell is a “must have” text for legal or public health practitioners in the field, law- and policy-makers seeking to protect the public’s health, and graduate students in schools of law, public health, or medicine, as well as undergraduates, assessing these issues as part of their coursework or research interests.

Reliable source on medical liability law. Written by experts in the field, this Nutshell offers insight on establishing professional relationships and examines negligence-based claims, intentional torts, causation, damages, affirmative defenses, limitations, immunities, and liabilities. It also provides an overview of medical care liability issues affecting hospitals and managed care organizations.

Mental illness and intellectual disability (formerly called mental retardation) impact 20% of Americans, and have enormous personal, legal, and policy implications for patients, families, and society. This Nutshell introduces you to the broad range of criminal and civil issues in mental health law, including diagnosis of mental illness; expert testimony on mental health issues; civil commitment; competence to stand trial; the insanity defense; various competencies; ethical/legal issues facing mental health professionals, including informed consent, confidentiality, privilege, and malpractice; discrimination against persons with mental illness; financial and medical benefits for disabled persons.